https://djhr.revistas.deusto.es/issue/feed Deusto Journal of Human Rights 2020-11-07T19:37:34+01:00 Trinidad L. Vicente revista.derechos.humanos@deusto.es Open Journal Systems <p>DOI: <a href="http://doi.org/10.18543/djhr">http://doi.org/10.18543/djhr</a></p> <p><em>Deusto Journal&nbsp;of Human Rights &nbsp;(DJHR) </em>— <em>Revista Deusto de Derechos Humanos</em>, in Spanish — (ISSN 2530-4275; e-ISSN&nbsp;2603-6002) is published &nbsp;twice a year&nbsp;by the Pedro Arrupe Human Rights Institute at the University of Deusto. It has been published since 2004 under the title of <em>Anuario de Acción Humanitaria y Derechos Humanos/ Yearbook on Humanitarian Action and Human Rights &nbsp;</em>(ISSN <span class="journal_data_value">1885-298X</span>). During this time, the interdisciplinary approach of its 13 issues has examined humanitarian intervention and human rights in a broader sense.&nbsp;</p> <p>As of 2016, following renewal of its content and structure, the journal is embarking on a new stage with the aim of becoming a benchmark for periodical publications on human rights in Spain and the international scene. Original cutting-edge scientific works from the interdisciplinary field of human rights, which is transversally related to the fields of Law, Philosophy, Sociology, Anthropology, Political Science and International Relations, etc. are compiled for this purpose. Accordingly, the journal’s aim continues to be facilitation and promotion of reflection and interdisciplinary exchange on human rights research from the academic world as well as from the realms of professional and political activities, social activism, etc.</p> <p><em><span lang="EN-GB">Deusto Journal of Human Rights</span></em><span lang="EN-GB">&nbsp;is published online using the Open Journal Systems (OJS) software that integrates the Open Archive Initiative (OAI) protocol for greater dissemination and transmission of its contents&nbsp;on the internet&nbsp;(</span><a href="/oai" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=http://djhr.revistas.deusto.es/oai&amp;source=gmail&amp;ust=1580369896425000&amp;usg=AFQjCNF4sNd9KjuB_zTYBimQVXqOJStm5Q"><span lang="EN-GB">http://djhr.revistas.deusto.es/oai</span></a><span lang="EN-GB">).</span></p> <p><em>Deusto Journal of Human Rights</em>&nbsp;is included in: <strong><a href="https://doaj.org/toc/2603-6002" target="_blank" rel="noopener">DOAJ</a></strong><strong>,</strong> <strong><a href="https://dialnet.unirioja.es/servlet/revista?codigo=26190" target="_blank" rel="noopener">Dialnet</a></strong><strong>,</strong> <strong>&nbsp;<a href="https://dbh.nsd.uib.no/publiseringskanaler/erihplus/periodical/info.action?id=494615" target="_blank" rel="noopener">ERIH PLUS</a></strong><strong>, </strong><strong><a href="http://miar.ub.edu/idioma/en" target="_blank" rel="noopener">MIAR</a></strong>, <a href="https://redib.org/recursos/Serials/Record/oai_revista4546-deusto-journal-human-rights?lng=en" target="_blank" rel="noopener"><strong>REDIB</strong></a>, <a href="https://www.latindex.org/latindex/ficha?folio=28686" target="_blank" rel="noopener"><strong>Latindex</strong></a>,&nbsp;<strong><a href="https://scholar.google.com/scholar?hl=en&amp;as_sdt=1%2C5&amp;as_vis=1&amp;q=%28source%3A%22Revista+Deusto+de+Derechos+Humanos%22%29+OR+%28source%3A%22Deusto+Journal+of+Human+Rights%22%29+OR+%28source%3A%22Anuario+de+Acci%C3%B3n+Humanitaria+y+Derechos+Humanos%22%29+OR+%28source%3A%22Yearbook+on+Humanitarian+Action+and+Human+Rights%22%29&amp;btnG=" target="_blank" rel="noopener">Google Scholar</a></strong><strong>, </strong>and <a href="https://www.worldcat.org/title/deusto-journal-of-human-rights-revista-deusto-de-derechos-humanos/oclc/1055886487?lang=en" target="_blank" rel="noopener"><strong>WorldCat</strong></a>.</p> https://djhr.revistas.deusto.es/article/view/1871 Between linguistic sovereignty and protected migration: language as safe-conduct in migration from the Philippines to Italy 2020-11-07T19:37:34+01:00 María Cama mariacama@correo.ugr.es María Rubio Gómez mariarubio@ugr.es Francisco Javier García Castaño fjgarcia@ugr.es <p>The article presents the case of Philippine migration to Italy, with particular emphasis on the host country’s use of certain teaching-learning processes of its own language as guarantors of the socio-labour integration of migrants from the South-Asian country. First, we start from the analysis and discussion of a bilateral agreement on migration and labour between the Philippine and Italian Governments that, through the acquisition of the “host” language, provides better migration and employment opportunities. Based on this, we undertake the study of such initiatives, in which migration policies implement integration projects oriented towards assimilation models. Finally, we put the emphasis on the limitations of a legislation that does not yet explicitly recognize to migrants a fundamental right: the right to maintain their own linguistic and cultural heritage.</p><p><strong>Received</strong><span>: 13 March 2020</span><br /><strong>Accepted</strong><span>: 03 September 2020</span><br /><strong>Published online</strong>: Articles in Press 23 October 2020</p> 2020-10-23T13:08:55+02:00 Copyright (c) 2020 University of Deusto https://djhr.revistas.deusto.es/article/view/1872 The commission of crimes against humanity by transnational corporations and the extension of the jurisdiction ratione personae of the International Criminal Court 2020-11-07T19:37:05+01:00 Libia Arenal Lora marenal@us.es <p>Can transnational corporations commit crimes against humanity and be investigated and prosecuted by the International Criminal Court (ICC)? This article intends to provide an answer to this question by analyzing the legal possibilities and obstacles that could be found in the application of the Rome Statute of the ICC. First, the article examines whether corporations could meet the requirements established by the recent jurisprudence of the ICC in order to be considered as the concept of “organization” stated in art. 7 of the Rome Statute (RS), complying with the political element of crimes against humanity, and being criminally responsible for these crimes in international law. Secondly, it addresses the extension of the jurisdiction ratione personae of the ICC to include the legal person, specifically corporations, taking into consideration the legal arguments emanating from international law, the ICC system and criminal law.</p><p><strong>Received</strong><span>: 03 February 2020</span><br /><strong>Accepted</strong><span>: 21 September 2020</span><br /><strong>Published online</strong>: Articles in Press 23 October 2020</p> 2020-10-23T13:08:56+02:00 Copyright (c) 2020 University of Deusto https://djhr.revistas.deusto.es/article/view/1873 International bodies as a tool in the fight against poverty in Spain after the Great Recession (2008-2014) 2020-11-07T19:36:35+01:00 Silvia Avellaneda San Antonio silvia.avellaneda@uclm.es <p>This paper analyses the conclusions and recommendations offered by bodies of the United Nations and the Council of Europe, derived from Spain's latest periodic reports, on the situation of rights directly connected to poverty, such as the right to an adequate standard of living and to economic and social protection. The conclusion is that these bodies have shown their concern about the persistence of high levels of poverty in the years of economic recovery and have expressed their views on matters such as housing and social benefits, in terms of both Law and Human Rights. The aim of the article is to contribute to the human rights approach to poverty in Spain, arguing that the fight against it and the improvement of specific issues such as economic protection, public housing or redistribution, are not only matters on the political agenda, but should also comply with international obligations assumed by our country.</p><p><strong>Received</strong>: 11 March 2020<br /><strong>Accepted</strong>: 14 September 2020<br /><strong>Published online</strong>: Articles in Press 23 October 2020</p> 2020-10-23T13:08:56+02:00 Copyright (c) 2020 University of Deusto https://djhr.revistas.deusto.es/article/view/1874 The problematic (necessary and always insufficient) basis of human rights 2020-11-07T19:36:05+01:00 Demetrio Velasco dvelasco@deusto.es <p>Human rights have been, because of their intrinsic historicity, radically problematic. Since their creation, they have been the expression of a new social imaginary of a revolutionary nature that broke with the worldview of pre-modern society. But history itself has shown their theoretical insufficiency and even their practical perversion, when it comes to achieving their objectives. “Any society in which no provision is made for guaranteeing rights or for the separation of powers, has no Constitution” (Declaration of Rights of Man and of the Citizen of 1789, art. 16). Today, we live in a situation of social fascism and inequality so inhuman that they have become a lethal threat to the survival of a large part of humanity and also of the global ecosystem that makes it possible. It is time to create a "new revolutionary ontological order" from which to guarantee the "practical truth", political legitimacy and historical plausibility of the constitutionalism of the future. We must start by eliminating the institutional racism and administrative sadism with which we reject immigrants at the borders of our civilized Europe.</p><p><strong>Received</strong><span>: 03 February 2020</span><br /><strong>Accepted</strong><span>: 06 July 2020</span><br /><strong>Published online</strong>: Articles in Press 23 October 2020</p> 2020-10-23T13:08:56+02:00 Copyright (c) 2020 University of Deusto